Change The Immobilienfonds-Otc Derivatives Counterparty Regulation

Original Language Title: Änderung der Immobilienfonds-OTC-Derivate-Gegenpartei-Verordnung

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_354/BGBLA_2013_II_354.html

354 regulation of the financial market authority (FMA), which modifies the Immobilienfonds-OTC derivatives counterparty regulation

On the basis of § 33 para 1 No. 2 of the real estate investment Fund Act ImmoInvFG, Federal Law Gazette I no. 80/2003, as last amended by the Federal Act Federal Law Gazette I no. 184/2013, is prescribed:

The regulation of the financial market authority (FMA) laying down the categories of counterparties in transactions involving OTC derivatives in real estate funds (Immobilienfonds OTC derivatives counterparty Regulation), BGBl. II No 311/2007, is amended as follows:

1. the existing text of the regulation is replaced by the following section 1:

"§ 1 counterparty in transactions involving OTC derivatives may be following institutions subject to prudential supervision:"



1. Austrian credit institutions;

2. a Member State authorised credit institutions in accordance with article 4 para 1 No. 1 of the Regulation (EU) No. 575/2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 648/2012, OJ No. L 176 of the 27.06.2013 p. 1;

3. foreign credit institutions in accordance with § 2 Z 13 of the law on banking - BWG BGBl. 1 would be no. 532/1993 with its seat in a central State, which in accordance with part 3 title II, Chapter 2 of Regulation (EU) No. 575/2013 with a risk weight of not more than 20 per cent to provide;

"4. investment firms referred to in article 4 para 1 No. 2 of the Regulation (EU) No. 575/2013 with the seat in a central State, which would be to provide 3 title II, Chapter 2 of Regulation (EU) No. 575/2013 with a risk weight of not more than 20% in accordance with part."

2 the following paragraph 2 is added to in section 1:

"§ 2 section 1 amended by regulation Federal Law Gazette II No. 354/2013 1 January 2014 into force."

Ettl Kumpf Müller